Minutes_City Council Proceedings 12 19 16 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on December 19, 2016
in the Historic Federal Building, 350 W. 61h Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick;
City Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Motion carried 6-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 12/7; City Council
Proceedings of 12/5, 12/12; Community Development Advisory Commission of 11/22;
Five Flags Civic Center Commission of 11/28; Historic Preservation Commission of
11/17; Long Range Planning Advisory Commission of 11/17; Zoning Board of
Adjustment of 11/17; Proof of Publication for City Council Proceedings of 11/21 , 11/28.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Elizabeth Hass for personal injury. Upon motion the
documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Elizabeth Hass for personal injury; Michael Jelinske for vehicle
damage; Alison Schmitt for vehicle damage. Upon motion the documents were
received, filed and concurred.
4. Jule Transit Annual Report: City Manager transmitting the Fiscal Year 2016 Jule
Transit Annual Report and highlights of operating statistics. Upon motion the documents
were received and filed.
5. Winter Reminders Brochure: City Manager submitting the Winter Reminders public
information brochure. Upon motion the documents were received and filed.
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6. Sky Blue Estates Stormwater Management: City Manager transmitting information
relating to the stormwater management issues that arose during construction of the first
phase of the Sky Blue Estates Subdivision and outlining steps taken to address the
issues and prevent repeating them as a result of the development of Sky Blue Estates
#2. Upon motion the documents were received and filed.
7. Kennedy Road Right-of-Way Acquisition (The Barony Inc.): City Manager
recommending approval of the acquisition of real estate owned by The Barony, Inc.
along the Kennedy Road right-of-way to clean up the City boundary and facilitate
economic development projects in the area. Upon motion the documents were received
and filed and Resolution No. 414-16 Approving the acquisition of real estate owned by
the Barony, Inc. was adopted.
8. Kennedy Road Right-of-Way Acquisition (Richman): City Manager recommending
approval of the acquisition of real estate owned by John and Diane Richman along the
Kennedy Road right-of-way to clean up the City boundary and facilitate economic
development projects in the area. Upon motion the documents were received and filed
and Resolution No. 415-16 Approving the acquisition of real estate owned by John T.
and Diane M. Richman was adopted.
9. Bee Branch Creek Restoration Project - Acquisition of 411 E. 15th Street: City
Manager recommending approval to amend the purchase agreement for the acquisition
of 411 E. 15th Street to reflect the sharing of costs associated with the environmental
cleanup required for the City's intended use of the property. Upon motion the
documents were received and filed and Resolution No. 416-16 Amending the Purchase
Agreement for the Acquisition of real estate owned by Blum Properties, Inc. in the City
of Dubuque and authorizing application for U.S. EPA Brownfield Cleanup Grant Funding
for the real estate was adopted.
10. Kennedy Road Right-of-Way Acquisition (Gilbert Merritt): City Manager
recommending approval of the acquisition of real estate owned by Lawrence Gilbert
Merritt along the Kennedy Road right-of-way to clean up the City boundary and facilitate
economic development projects in the area. Upon motion the documents were received
and filed and Resolution No. 417-16 Approving the acquisition of real estate owned by
Lawrence Merritt from his heirs Virginia Jahnke, Madonna Merritt, Carol Nesteby, and
Juanita Schlarmann was adopted.
11 . Pre-Annexation Agreement - Timber Ridge Estates, LLC: City Manager
recommending approval of a Pre-Annexation Agreement with Timber Ridge Estates,
LLC, in conjunction with a request for approval of the Final Plat of Timber Ridge
Estates. Upon motion the documents were received and filed and Resolution No. 418-
16 Pre-Annexation Agreement between the City of Dubuque, Iowa and Timber Ridge
Estates, LLC was adopted.
12. Timber-Hyrst Estates No. 4 - Time Extension: City Manager recommending
approval of an extension of time for North Cascade Developers, LLC to complete the
required remaining public improvements in Timber-Hyrst Estates No. 4. Upon motion
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the documents were received and filed and Resolution No. 419-16 Amending
Resolution No. 181-14 Approving the Final Plat of Timber-Hyrst Estates #4 in the City of
Dubuque, Iowa was adopted.
13. Offer to Buy Excess Right-of-Way at Fengler Street and Kerper Boulevard: City
Manager recommending approval of an agreement for the City to acquire a portion
property owned by Giese Company, LLC in exchange for the vacation of a portion of
excess right-of-way on Kerper Boulevard at Fengler Street. Upon motion the documents
were received and filed and Resolution No. 420-16 Approving an Offer to Purchase
Agreement for the acquisition of property at Fengler Street and Kerper Boulevard
between the City of Dubuque, Iowa and Giese Company, LLP was adopted.
14. Request for Proposals - Engineering Services for the Bee Branch Watershed
Flood Mitigation Project: City Manager recommending authorization to release an RFP
and enter into contract negotiations with an engineering consulting firm to provide
services as needed for the design, bidding, and construction of the 22nd
Street/Kaufmann Avenue Storm Sewer Improvements and the 17th StreetM/. Locust
Street Storm Sewer Improvements. Upon motion the documents were received, filed
and approved.
15. ICAAP Grant Application for Grandview Avenue and University Avenue
Roundabout Project: City Manager recommending authorization to submit an
application for an Iowa Clean Air Attainment Program (ICAAP) grant to assist with
funding a proposed North Grandview Avenue and University Avenue Roundabout
Intersection improvement. Upon motion the documents were received and filed and
Resolution No. 421-16 Authorizing the filing of a grant application with the Iowa
Department of Transportation for an Iowa Clean Air Attainment Program (ICAAP) Grant
for the City of Dubuque North Grandview Avenue and University Avenue Roundabout
Intersection Improvement was adopted.
16. Valentine Park - Fiscal Year 2017 REAP Grant Agreement: City Manager
recommending approval of the FY2017 Resource Enhancement and Protection (REAP)
Grant Agreement with the Iowa Department of Natural Resources for the Valentine Park
Expansion — Roepsch Property. Upon motion the documents were received and filed
and Resolution No. 422-16 Authorizing FY2017 REAP Grant Agreement with Iowa
Department of Natural Resources for Valentine Park Expansion Project - Roepsch
Property was adopted.
17. AmeriCorps Partners in Learning Grant Application: City Manager recommending
approval of the 2017-2018 AmeriCorps Partners in Learning Campaign for Grade Level
Reading Grant application. Upon motion the documents were received, filed and
approved.
18. Property Tax Appeal Settlement - Medical Associates Realty, LLC: Senior
Counsel recommending approval of the Stipulation of Settlement for a property tax
appeal filed by Medical Associates Realty, LLC for property located at 990 Langworthy
Street. Upon motion the documents were received, filed and approved.
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19. SW Arterial Iowa DOT Funding Agreement Military Road Reconstruction Project:
City Manager recommending approval for the Mayor to execute the Iowa Department of
Transportation Cooperative Preconstruction Funding Agreement for the Southwest
Arterial-Military Road Reconstruction Project. Upon motion the documents were
received and filed and Resolution No. 423-16 Approving the Cooperative
Preconstruction Funding Agreement (Agreement No. 2017-16-056) between the City of
Dubuque and Iowa Department of Transportation for the Southwest Arterial - Military
Road Reconstruction Project was adopted.
20. Loras College Usage Agreement for Petrakis Field: City Manager recommending
approval of the Usage Agreement with Loras College for Petrakis Field. Upon motion
the documents were received, filed and approved.
21 . Clarke University Usage Agreement for Veterans' Memorial Field 2: City Manager
recommending approval of the Usage Agreement with Clarke University for softball field
2 in Veterans' Memorial Park. Upon motion the documents were received, filed and
approved.
22. I-Net User Agreements with Loras College and Clarke University: City Manager
recommending approval for the City Manager to execute I-Net Agreements with Loras
College and Clarke University to connect the two campuses using Dubuque's I-Net.
Upon motion the documents were received, filed and approved.
23. Weaver Castle, LLC - Third Amendment to Development Agreement for 346-348
West Locust Street: City Manager recommending approval of the Third Amendment to
the Development Agreement with Weaver Castle, LLC for the redevelopment of
property at 346-348 West Locust Street. Upon motion the documents were received and
filed and Resolution No. 424-16 Approving the Third Amendment to the Development
Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted.
24. Acceptance of 2016 Asphalt Overlay Access Ramp Project Two: City Manager
recommending acceptance of the construction contract for the 2016 Asphalt Overlay
Access Ramp Project Two as completed by Midwest Concrete. Upon motion the
documents were received and filed and Resolution No. 425-16 Accepting the 2016
Asphalt Overlay Access Ramps Project Two and authorizing the payment of the
contract amount to the contractor was adopted.
25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three: City Manager
recommending acceptance of the construction contract for the 2016 Asphalt Overlay
Access Ramp Project Three as completed by Midwest Concrete. Upon motion the
documents were received and filed and Resolution No. 426-16 Accepting the 2016
Asphalt Overlay Access Ramps Project Three and authorizing the payment of the
contract amount to the contractor was adopted.
26. Acceptance of Permanent Easement for Storm Sewer at 545 Villa Street: City
Manager recommending acceptance of a Grant of Permanent Easement for Storm
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Sewer from Bradley and Ann Palzkill over a portion of their property at 545 Villa Street
that will facilitate the construction and on-going maintenance of the Storm Sewer Utility,
which the City of Dubuque will own and maintain. Upon motion the documents were
received and filed and Resolution No. 427-16 Accepting a Grant of Easement for storm
sewer over and across a part of Lot 1 of the Subdivision of Lot 25 in Lev's Addition, in
the City of Dubuque, Iowa was adopted.
27. Acceptance of Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project
City Manager recommending acceptance of the construction contract for the FY16
Sewershed 5 Sanitary Sewer Manhole Project, as completed by McDermott Excavating.
Upon motion the documents were received and filed and Resolution No. 428-16
Accepting the FY16 Sewershed 5 Sanitary Sewer Manhole Project was adopted.
28. Acceptance of Dubuque Industrial Center South Building Pad 1 Sanitary Sewer
Extension Project: City Manager recommending acceptance of the construction contract
for the Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension as
completed by McDermott Excavating. Upon motion the documents were received and
filed and Resolution No. 429-16 Accepting the Dubuque Industrial Center South
Building Pad 1 Sanitary Sewer Extension and Authorizing the payment to the contractor
was adopted.
29. Acceptance of State of Iowa Land Patent - 250 South Main Street: City Manager
recommending acceptance of a State of Iowa Land Patent for conveyance of the title for
the tract of land located at 250 South Main Street from the State of Iowa to the City of
Dubuque. Upon motion the documents were received and filed and Resolution No. 430-
16 Accepting a State Land Patent for the conveyance of title for the tract of land located
at 250 South Main Street (Parcel B, located in Block 14 of Dubuque Harbor Company
Addition in the City of Dubuque, Dubuque County, Iowa) from the State of Iowa to the
City of Dubuque was adopted.
30. Acceptance of Fiscal Year 2016 Sewershed 5, 7, 11 and 12 Manhole Project: City
Manager recommending acceptance of the public improvement construction contract for
the FY16 Sewershed 5, 7, 11 and 12 Manhole Project, as completed by Visu-Sewer Inc.
Upon motion the documents were received and filed and Resolution No. 431-16
Authorizing the FY16 Sewershed 5, 7, 11 & 12 Manhole Project and authorizing the
payment to the contractor was adopted.
31 . Acceptance of Fiscal Year 2016 CIPP Sanitary Sewer Lining Project: City
Manager recommending acceptance of the public improvement construction contract for
the FY16 (CIPP) Sanitary Sewer Lining Project, as completed by SAK Construction.
Upon motion the documents were received and filed and Resolution No. 432-16
Accepting the FY16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project and
authorizing the payment to the contractor was adopted.
32. Civil Service Commission - Certified Lists: Civil Service Commission submitting
the Certified Lists for the positions of Account Clerk I, Water Meter Repairworker I,
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Urban Forester, and the re-certified list for the position of Inspector II. Upon motion the
documents were received, filed and made a Matter of Record.
33. City Council 2015 Official Proceedings: City Clerk submitting the Official City
Council Proceedings for 2015. Upon motion the document was received, filed and
approved.
34. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company,
informing the City of rate adjustments being implemented on or about January 3, 2017.
Upon motion the documents were received and filed.
35. Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's General
Store #3473: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Casey's General Store #3473, 1072
Cedar Cross Road. Upon motion the documents were received, filed and approved.
36. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Casey's
General Store #3473: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for Casey's
General Store #3473, 1072 Cedar Cross Road. Upon motion the documents were
received, filed and approved.
37. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 433-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and
License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Resnick. Motion carried 6-0.
1 . Voluntary Annexation - William and Janet Siegert - Old Highway Road: City
Manager recommending setting a public hearing for January 17, 2017, on the voluntary
annexation request of William and Janet Siegert for five acres of property they own
located between Old Highway Road and US Highway 20/Dodge Street, submitted
concurrently with an application to rezone the property. Upon motion the documents
were received and filed and Resolution No. 434-16 Setting a public hearing on an
application for voluntary annexation of territory to the City of Dubuque, Iowa was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on January
17, 2017 in the Historic Federal Building.
BOARDS/COMMISSIONS
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The City Council reviewed applications to the following Boards and Commissions.
Applicants were invited to address the City Council regarding their appointment.
1 . Housing Code Appeals Board: One, 3-year term through January 11 , 2020
(Expiring term of Young). Applicant: David Young, 420 Burch St.
2. Resilient Community Advisory Commission: Nine, 3-year terms through July 1 ,
2019. Three, 3-year terms through July 1 , 2019 (Cross Representation Appointments).
Six, 3-year terms through July 1 , 2019 (At-Large Appointments). Sara Booth, 2015
Chaney Rd.; Benjamin Darr, 419 Winona St.; Dean Boles, 1715 Geraldine Dr.; Steven
Drahozal, 683 W. 11th St.; Stephanie Grutz, 6176 Centura Ct.; Nicholas Huff, 3075
Olde Country Ct.; Robin Kennicker, 2929 Elm St.; Carrie Lohrmann, 1879 Denver Dr. ;
Jared McGovern, 755 Chestnut St.; Mike Muench, 2805 Jackson St.; Kate Parks, 486
Clarke Dr.; Sergio Perez, 1325 Cox St.; Laura Roussell, 3224 Bittersweet; Rich Russell,
2045 Embassy West Dr.; Paul Schultz, 1008 Victoria St.; Leah Specht, 3248 Bittersweet
Ln. Ms. Booth, Mr. Darr, Mr. Boles, Mr. Darhozal, Ms. Grutz, Mr. Huff, Ms. Kennicker,
Ms. Lohrmann, Ms. Rousell, Mr. Schultz, and Ms. Specht all spoke in support of their
respective appointments and provided brief biographies.
Appointments were made to the following Boards/Commissions.
3. Catfish Creek Watershed Management Authority: Two, 4-year terms through July
16, 2020 (Expired terms of Giannakouros and Hoyer). Applicants: Steve Drahozal, 683
W. 11th St.; Neal Patten, 768 Nevada St. Motion by Connors to appoint Mr. Drahozal
and Mr. Patten to 4-year terms through July 16, 2020. Seconded by Jones. Motion
carried 6-0.
4. Human Rights Commission: One, 3-year term through [corrected term date of
January 1 , 2020]. (Expiring term of Jackson). Applicant: Miquel Jackson, 2130
Woodland Dr. Motion by Jones to appoint Mr. Jackson to a 3-year term through
[January 1 , 2020]. Seconded by Lynch. Motion carried 6-0.
5. Mediacom Charitable Foundation (Appointment): One, 1-year term through
December 31 , 2017 (Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155
Kelly Ln. Motion by Connors to appoint Ms. Chavenelle to a 1-year term through
December 31 , 2017. Seconded by Del Toro. Motion carried 6-0.
PUBLIC INPUT
Carol Copland, 1330 Locust St., speaking on behalf of the Dubuque Landlord
Association and the East Central Iowa Association of Realtors spoke in opposition to a
source of income ordinance and presented a citizen petition in opposition to the ban.
Tom Priebe, Sr., 14928 Old Highway Rd., and Leisure Services seasonal employee,
expressed his concerns about what he believes are unsafe working conditions at the
Flora Park maintenance building that may have caused his health issues.
Christine Darr, 419 Winona St., spoke in support of a source of income ban.
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Evelyn Nadeau, 663 Fenelon PI., spoke support of a source of income ban.
Brian Enabnit, 105 So. Grandview Ave. spoke in opposition to a source of income
ban.
Matthew Zanger, 261 Southgate Dr., spoke in support of a source of income ban.
Jan Schmitt, 11898 JFK Rd., addressed the source of income issue and spoke about
landlords not offering housing choice vouchers for high-end units and expressed her
belief that tenants can only live where they can afford to live.
Jay Wickham, Dubuque County Supervisor, spoke in opposition to Action Item #1
Central Iowa Water Association Settlement Agreement and Asset Purchase Agreement.
ACTION ITEMS
1 . Central Iowa Water Association (CIWA) Settlement Agreement and Asset
Purchase Agreement: Assistant City Attorney Maureen Quann recommending approval
of a Settlement Agreement and Asset Purchase Agreement with Central Iowa Water
Association (CIWA), and the City Manager is recommending the financing strategy.
Motion by Jones to receive and file the documents and adopt Resolution No. 436-16
Approving a Settlement Agreement between Central Iowa Water Association and the
City of Dubuque for water supply, service and territory, and accepting the Deeds to
certain real estate in Dubuque County, Iowa from Central Iowa Water Association.
Seconded by Connors. Ms. Quann provided a presentation on the background
information and subsequent negotiations with CIWA. City Manager Van Milligen
provided information on financing strategy. Ms. Quann, Mr. Van Milligen and Planning
Services Manager Laura Carstens responded to questions from the City Council
regarding the City's annexation history and process, growing the city's population, the
potential impact on the Southwest Arterial project, debt reduction policy and water utility
rates. Motion carried 6-0 with Del Toro's "present" vote counting on the prevailing side.
2. Declaration of Official Intent to Reimburse Expenses - Fiscal Year 2016 Water
Projects: City Manager recommending approval of the Declaration of Official Intent
Resolution for the acquisition of Central Iowa Water Association water system,
construction of English Mill Pump Station, and water main extension and improvements.
Motion by Connors to receive and file the documents and adopt Resolution No. 437-16
Declaring an Official Intent under Treasury Regulation 1 .150-2 to issue debt to
reimburse the City for certain original expenditures paid in connection with the Fiscal
Year 2017 Water Projects. Seconded by Jones. Motion carried 6-0.
3. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson presented the quarterly update on the activities of the Greater
Dubuque Development Corporation. Topics included: Recognition by Mid-America
Economic Development Council as the Best of the Best in business retention and
expansion, workforce solutions program, and the Deal of the Year in a 10-state region
for the recent solar array development in collaboration with the City of Dubuque, Alliant
Energy, and A.Y McDonald Corporation. Mr. Dickinson announced the funding
campaign kickoff in March 2017 for operating funding of GDDC programs for 2017-
2022. Motion by Lynch for receive and file the information. Seconded by Jones. Motion
carried 6-0.
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4. Five Flags Civic Center Quarterly Report: SMG Regional General Manager HR
Cook presented the quarterly report on the Five Flags Civic Center. Topics included
Fiscal Year 2017 operating expenses and operating revenue, notable events, new
website launch with links to partnering organizations, and capital initiatives. Motion by
Connors to receive and file the documents. Responding to questions from the City
Council, Mr. Cook explained the types of events causing the increase in revenue, and
City Manager Van Milligen stated that Five Flags is already on the list for use as an
emergency shelter. Seconded by Jones. Motion carried 6-0.
5. Final Plat of Timber-Hyrst Estates #5: City Manager recommending approval of the
Final Plat of Timber-Hyrst Estates #5. Motion by Jones to receive and file the
documents and adopt Resolution No. 435-16 Approving the Final Plat of Timber-Hyrst
Estate #5 in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0.
6. Request for Work Session - Dubuque Area Convention and Visitors Bureau:
Dubuque Area Convention & Visitors Bureau President & CEO Keith Rahe requesting
the City Council schedule the CVB budget work session for February 6, 2017, at 5:30
p.m. Motion by Jones to receive and file the documents and set the work session as
requested. Seconded by Connors. Motion carried 6-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:46 p.m. to discuss pending
litigation and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -Q) Code
of Iowa. Mayor Buol stated for the record that the attorney who will consult with City
Council on the issues to be discussed in the closed session is City Attorney Crenna
Brumwell. Seconded by Connors. Motion carried 6-0.
Upon motion, the City Council reconvened in open session at 9:18 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:19 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 12/28
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